Full Text of HB4951 97th General Assembly
HB4951ham001 97TH GENERAL ASSEMBLY | Rep. Angelo Saviano Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4951
| 2 | | AMENDMENT NO. ______. Amend House Bill 4951 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Pharmacy Practice Act is amended by | 5 | | changing Section 35.7 as follows:
| 6 | | (225 ILCS 85/35.7) (from Ch. 111, par. 4155.7)
| 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 35.7. Notwithstanding
the provisions of Section 35.6 | 9 | | of this Act, the Director shall have
the authority to appoint | 10 | | any attorney duly licensed to practice law
in the State of | 11 | | Illinois to serve as the hearing officer in any action
before | 12 | | the Board for refusal to issue, renew, or discipline of a | 13 | | license
or certificate. The Director shall notify the Board of | 14 | | any such appointment.
The hearing officer shall have full | 15 | | authority to conduct the hearing.
There shall be present at | 16 | | least one member of the Board at any such
hearing. The hearing |
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| 1 | | officer shall report his findings of fact, conclusions
of law | 2 | | and recommendations to the Board and the Director. The Board
| 3 | | shall have 60 days from receipt of the report to review the | 4 | | report
of the hearing officer and present their findings of | 5 | | fact, conclusions
of law, and recommendations to the Director. | 6 | | If the Board fails to
present its report within the 60 day | 7 | | period, the respondent may request in writing a direct appeal | 8 | | to the Secretary, in which case the Secretary shall, within 7 | 9 | | calendar days after the request, issue an order directing the | 10 | | Board to issue its findings of fact, conclusions of law, and | 11 | | recommendations to the Secretary within 30 calendar days after | 12 | | such order. If the Board fails to issue its findings of fact, | 13 | | conclusions of law, and recommendations within that time frame | 14 | | to the Secretary after the entry of such order, the Secretary | 15 | | shall, within 30 calendar days thereafter, issue an order based | 16 | | upon the report of the hearing officer and the record of the | 17 | | proceedings or issue an order remanding the matter back to the | 18 | | hearing officer for additional proceedings in accordance with | 19 | | the order. If (i) a direct appeal is requested, (ii) the Board | 20 | | fails to issue its findings of fact, conclusions of law, and | 21 | | recommendations within the 30-day mandate from the Secretary or | 22 | | the Secretary fails to order the Board to do so, and (iii) the | 23 | | Secretary fails to issue an order within 30 calendar days | 24 | | thereafter, then the hearing officer's report is deemed | 25 | | accepted and a final decision of the Secretary. Notwithstanding | 26 | | any other provision of this Section, if the Secretary, upon |
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| 1 | | review, determines that substantial justice has not been done | 2 | | in the revocation, suspension, or refusal to issue or renew a | 3 | | license or other disciplinary action taken as the result of the | 4 | | entry of the hearing officer's report, the Secretary may order | 5 | | a rehearing by the same or other examiners. If the Secretary | 6 | | disagrees with the recommendation of the Board or the hearing | 7 | | officer, the Secretary may issue an order in contravention of | 8 | | the recommendation.
| 9 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 10 | | Section 10. The Illinois Physical Therapy Act is amended by | 11 | | changing Section 25 as follows:
| 12 | | (225 ILCS 90/25) (from Ch. 111, par. 4275)
| 13 | | (Section scheduled to be repealed on January 1, 2016)
| 14 | | Sec. 25. Appointment of a Hearing Officer. The Director | 15 | | shall have
the authority to appoint any attorney duly licensed | 16 | | to practice law in the
State of Illinois to serve as the | 17 | | hearing officer in any action for refusal
to issue, renew or | 18 | | discipline of a license or permit. The hearing officer
shall | 19 | | have full authority to conduct the hearing. At least one member | 20 | | of the
Board shall attend each hearing. The hearing officer | 21 | | shall
report his findings and recommendations to the Board and | 22 | | the Director.
The Board shall have 60 days from receipt of the | 23 | | report to review the
report of the hearing officer and present | 24 | | their findings of fact, conclusions
of law and recommendations |
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| 1 | | to the Director. If the Board fails to present
its report | 2 | | within the 60 day period, the Director shall issue an order | 3 | | based
on the report of the hearing officer. If the Director | 4 | | determines that the Board's report is contrary to the manifest | 5 | | weight of the evidence, he
may issue an order in contravention | 6 | | of the Board's report.
| 7 | | (Source: P.A. 94-651, eff. 1-1-06.)
| 8 | | Section 15. The Respiratory Care Practice Act is amended by | 9 | | changing Section 140 as follows:
| 10 | | (225 ILCS 106/140)
| 11 | | (Section scheduled to be repealed on January 1, 2016)
| 12 | | Sec. 140. Appointment of a hearing officer. The Director | 13 | | has the
authority to appoint an attorney, licensed to practice | 14 | | law in the State of
Illinois, to serve as a hearing officer in | 15 | | any action for refusal to issue or
renew a license or to | 16 | | discipline a licensee. The hearing officer has
full authority | 17 | | to conduct the hearing. At least one member of the Board shall
| 18 | | attend each hearing. The hearing officer shall report his or | 19 | | her findings of
fact, conclusions of law, and recommendations | 20 | | to the Board and to the Director.
The Board shall have 60 | 21 | | calendar days from receipt of the report to review it
and to | 22 | | present its findings of fact, conclusions of law, and | 23 | | recommendations to
the Director. If the Board does not present | 24 | | its report within the 60 day
period, the Director may issue an |
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| 1 | | order based on the report of the hearing
officer. If the | 2 | | Director disagrees with the recommendation of the Board or the
| 3 | | hearing officer, the Director may issue an order in | 4 | | contravention of the
recommendation.
| 5 | | The Director shall promptly provide a written explanation | 6 | | to the Board on any
such disagreement.
| 7 | | (Source: P.A. 89-33, eff. 1-1-96 .)
| 8 | | Section 20. The Illinois Landscape Architecture Act of 1989 | 9 | | is amended by changing Section 24 as follows:
| 10 | | (225 ILCS 315/24) (from Ch. 111, par. 8124)
| 11 | | (Section scheduled to be repealed on January 1, 2020)
| 12 | | Sec. 24. Appointment of a hearing officer. The Secretary | 13 | | has the authority to appoint
any attorney licensed to practice | 14 | | law in the State of Illinois to
serve as the hearing officer in | 15 | | any action
for refusal to issue or renew a license or permit or | 16 | | to discipline a
licensee. The Secretary shall notify the Board | 17 | | of any such appointment. The
hearing
officer has full authority | 18 | | to conduct the hearing. At least one member of
the Board shall | 19 | | attend each hearing. The hearing officer shall report his | 20 | | findings of
fact, conclusions of law and recommendations to the | 21 | | Board and the Secretary.
The Board has 60 days from receipt of | 22 | | the report to review
it and present its findings of fact,
| 23 | | conclusions of law and recommendations to the Secretary. If the | 24 | | Board fails
to present its report within the 60 day period, the |
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| 1 | | Secretary shall issue an
order based on the report of the | 2 | | hearing officer. If the Secretary
disagrees with the | 3 | | recommendation of the Board
or hearing officer, the Secretary
| 4 | | may issue an order in contravention of the recommendation. The | 5 | | Secretary
shall promptly provide a
written explanation to the | 6 | | Board on any disagreement.
| 7 | | (Source: P.A. 96-730, eff. 8-25-09.)
| 8 | | Section 25. The Professional Geologist Licensing Act is | 9 | | amended by changing Section 125 as follows: | 10 | | (225 ILCS 745/125) | 11 | | (Section scheduled to be repealed on January 1, 2016) | 12 | | Sec. 125. Appointment of a hearing officer. The Director | 13 | | has the
authority to appoint any attorney licensed to practice | 14 | | law in the State of
Illinois to serve as the hearing officer in | 15 | | any action for refusal to issue,
restore, or renew a person's | 16 | | license to practice as a Licensed Professional Geologist or to | 17 | | discipline a licensee. The hearing officer
has full authority | 18 | | to conduct the hearing. At least one member of the Board
shall | 19 | | attend each hearing. The hearing officer shall report his or | 20 | | her
findings of fact, conclusions of law, and recommendations | 21 | | to the Board and the
Director. The Board shall have 60 calendar | 22 | | days from receipt of the report to
review the report of the | 23 | | hearing officer and present its findings of fact,
conclusions | 24 | | of law, and recommendations to the Director. If the Board does |
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| 1 | | not
present its report within the 60-day period, the Director | 2 | | may issue an order
based on the report of the hearing officer. | 3 | | If the Director disagrees with
the recommendation of the Board | 4 | | or of the hearing officer, the Director may
issue an order in | 5 | | contravention of the
recommendation. The Director shall | 6 | | promptly provide a written report to the
Board on any | 7 | | deviation, and shall specify the reasons for the action in the
| 8 | | final order. | 9 | | (Source: P.A. 96-1327, eff. 7-27-10.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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